is it going to go? >> it will not be cold tonight as it's going to be on thursday and friday overnight, joe, but nevertheless, we'll be flirting with that freezing point tonight. good evening, everybody. let's head out. this is san jose under motorsly cloudy skies a stray shower here and there and currently in san jose 50 degrees. it's in the upper 40s in livermore and in san francisco. currently 48 degrees in santa rosa but as joe was saying, the winds have been increasing out of the northwest 10 to 20 miles per hour. tonight nearly freezing in santa rosa. so penngrove about 32 degrees. 38 san jose. 33 throughout the tri-valley. we have a frost advisory for most of the bay area on thursday overnight to friday morning. otherwise, a freeze warning in the north and east bays. we'll talk about that in the seven-day forecast coming up. one bay area city will gladly take cold weather over wet weather.

east palo alto is scrambling to shore up the levee over the san francisquito creek after severe flooding in december. workers placed thousands of sandbags to raise that levee wall. >> this is a temporary solution to kind of get us through the with the season and have a permanent solution in the dry months. >> the san francisquito creek has been the source of several significant floods over the years. a project to widen the creekbed is set for summer a big reward is offered for the return of a piece of california history stolen from the oakland museum of california. officials say a california gold rush era quartz and gold box was taken from a plexiglass display box early monday morning. the thief bypassed the alarm system. the gold box has ornamentation depicting early california. it's not the first time the museum has been robbed. in november, a burglar stole

some gold nuggets. >> we did take additional security measures after the theft in november. we believe some of the measures we took will aid at this time and we are enhancing security measures right now. >> the museum offers a $12,000 reward for the safe return of that gold box. it is going to cost two to three million dollars to fix the damage caused by an oil tanker that hit the bay bridge. the overseas reymar was headed out to sea monday when it sideswiped a protective bumper around the base of one of of the bridge's towers. there is money in a reserve fund to pay for the repairs. but the plan is to make that tanker's owner reimburse the funds. investigators are trying to determine what caused a commuter ferry to hit a pier in new york. emergency crews spread out on the pier as they tended to dozens of people who were hurt.

passengers say the impact knocked people off their feet. >> three next thing ii was knocked 10 feet from where i was standing and tried to catch my breath because i couldn't breathe. >> the ferry is a high-speed catamaran. no idea how fast it was going but it was carrying more than 300 people at the time of the crash. new details tonight in the fatal stabbing of a suspected burglar in an apartment complex in pittsburg. it's not at all what it first appeared to be. cbs 5 reporter phil matier tells us police say it's a complicated scheme hatched by a cheating wife and her boyfriend. phil. >> reporter: that's right. if it weren't so tragic it would be made for hollywood. what we have is an apartment complex in pittsburg where as you said, three burglars broke in on a man here one of them stabbed by the man when he fought him back. but this has a twist. it's going to be hard to believe. here's the story. reporter: >> past 24 hours our detectives have conducted numerous

interviews and have been able to find some kind of clarity on the events that took place and an unusual twist. >> reporter: it turns out that the man who was being burglarized recently learned his wife was having an affair. he had agreed to move out but apparently changed his mind. >> this angered his wife to the point where she plotted a burglary with her current boyfriend in an effort to scare him and persuade him into actually leaving the residents. >> reporter: the husband was growing marijuana legally in the apartment and that may have been used in an inducement to get the burglars to break into the place. what they didn't figure on was that the husband would fight back. he did, stabbing one of the burglars who was carrying a fake gun and later died. >> he was targeted by his wife and this was a [ indiscernible ] event that took place out of the residence [ indiscernible ] started this plot two weeks ago

and she also provided the suspect or additional suspects with the keys to the residence. is the action of the plan was put into place yesterday at 10:20 a.m. and three individuals [ indiscernible ] and a deceased male attempted to burglarize the location. >> reporter: so now charmaine, her boyfriend matt parker along with parker's brother and jimmy salgado are held on suspicion of murder for the fellow burglar killed in the conspiracy. >> they are all associates. >> reporter: well, it started out as an attempt to scare someone and now four people are in very, very serious trouble. and one person is dead. in pittsburg, phil matier cbs 5. new york could be the first state to toughen gun laws following the december mass shooting at sandy hook elementary. a deal to ban assault rifles and high capacity ammunition clips is almost complete. it also includes a crackdown on illegal gun trafficking. gun control was the main

subject on capitol hill today. vice president joe biden spent the day meeting with leaders. he talked with several victims groups who say their goal is to find reasonable gun restrictions without violating the second amendment. >> we just want some common sense compromise and approach so that our kids can go to school and come home alive. >> new jersey's republican governor chris christie says it's important to not just look at guns but the mental health system, as well. >> you know, you look at what happened in connecticut, that young man was obviously mentally ill and he needs to be getting treatment. >> governor christie says lawmakers also need to address violent videogames. videogame producers have also been invited to the white house this week. some new cell phone pictures are shedding light on the man accused in the aurora colorado theater massacre. prosecutors wrapped up their pretrial case against james holmes showing photos that he took on his phone just hours

before the july 20 shootings. courtroom sketches showed one picture where holmes is sticking out his tongue, in another he flashed a glock pistol. holmes smiled as each photo was shown. >> we are all sitting there trying to hold our emotions and he was very excited to see himself. >> he was smiling having a hard time controlling himself. >> holmes' defense team didn't call any witnesses. and we should know friday whether he will go on trial charged with 164 counts of murder and attempted murder. 12 people died, 70 others were hurt in the shooting. a piece of history ripped from a bay area park. why thieves would target the tribute to vietnam veterans. >> it was patrick swayze's death sentences, pancreatic cancer. >> first found out the news after all the doctors and nurses had left the room, he turned to me and said, i'm a

dead man. >> now his widow is fighting for a cure. how his battle has brought her to the bay area. ♪ secondhand smoke affects everyone's health. it's not just irritating. it can cause heart disease and even death. speak up about secondhand smoke. your health and the health of your family depend on it.

might want to book your next flight out of san jose. new, upscale if you dread waiting at the airport you might want to book your next flight out of san jose. the airport's new upscale passenger lounge opens friday in terminal a. the club features shower facilities, a business center and a bar with complimentary snacks and drinks. it's open to any passenger for a $35 fee. new at 5:00, sacramento may be losing their basketball team. the teams are reportedly in the process of selling the team to a seattle group. if the deal goes through, the kings would change to the sonics and move. san francisco giants slugger barry bonds struck out with the baseball writers and it wean just bonds. for the first time since 1996, not one player was elected to the baseball hall of fame. bonds, roger clemens and sammy sosa were among players on the

ballot who have been linke to steroid use. more from dennis o'donnell at 6:00. disgraced lance armstrong will talk about the doping scandal for the first time in an interview with oprah winfrey. it's his first interview since being stripped of 7 tour de france titles in response to the doping allegations. in described as a no-holds- barred interview. she can ask whatever she wanted. it's expected to air a week from tomorrow on the oprah win free network. we'll be right back. we'll be right back.

kids are excited about the possibility of snow. is it going to get that cold? >> it is definitely getting that cold beginning with today. but the coldest overnight lows will be on thursday night and on friday night. good evening, everybody. let's go ahead and go outside. it's our live cbs 5 weather camera looking towards san jose where currently the temperature is at 50 degrees there. but it's the northwest wind that's gusting up to 24, boy, even some gusts at sfo up to 32 miles per hour already adding a chill to the air tonight overnight. near freezing in santa rosa. 38 downtown san jose through willow glen into cupertino and campbell. also 30s common east of the bay inland. 40s around the central bay but these numbers are going down and that is why we do have a freeze warning in effect for the red highlighted areas which are the north and east bay numbers in the upper 20s by

tomorrow overnight and friday overnight. otherwise, most of the bay area near freezing. it's live, it's high-def doppler radar. this right here is the cold front that's now sliding gradually to the south. not a lot of moisture associated with it but we're zeroing in at this time east of the bay anywhere from crockett through hercules, el sobrante. hit and miss scattered showers towards seven trees. no accumulation anticipated from this cold front. it's the colder air mass behind it that will leave its mark, snow level tomorrow 1500 feet which means we could see a dusting at mount tam. obviously some light snow around diablo and mount hamilton. this area of low pressure really moisture-free. but behind it right here, where you see that popcorn looking effect, that reflects the colder air mass that's surging down south. so the bottom line is, here you have our satellite and radar

suggesting mostly cloudy skies. light rain tonight and tomorrow that light snow. otherwise, as this flows out of the area, we will see our temperatures go down. again, one more look at futurecast, hit and miss scattered showers but the bottom line is, we are going to see temperatures dipping down. tomorrow seasonal highs only in the 50s when we should be more near 60 degrees. and rainfall totals, there you have it. not much at all. so we are just talking about more like a cold event. temperatures into the 50s tomorrow. and remaining in the 50s through the weekend. >> thank you. vietnam vets in petaluma are in distress. somebody told a memorial plaque honoring those who died in combat. cbs 5 reporter john ramos on who would target the war memorial. reporter: petaluma is a small town with a big feeling for its veterans. they hold parades every year, and the downtown park has a memorial for the local soldiers who died in the vietnam war. at least they did until

sometime last week, when metal thieves stole the bronze plaque. >> this memorial represents the sacrifices made by those who lost their lives in vietnam. it represents every vietnam veteran who served. >> reporter: those who served in vietnam weren't shown much respect when they returned. and even now, the feelings are a little raw. >> when we came back from vietnam, we didn't wanted to be in a military uniform. we were called names and put down. they didn't want us in colleges. they didn't want us around. you had to deny you were a veteran when you first came home in the '70s. >> reporter: the memorial was one of the first in the country erected in the 1980s to honor the sacrifice of the vietnam vets. >> you war you went over there to fight, he had knowing to do with, he had to go. >> reporter: is that why this hurts? >> yeah. it hurts a lot because it's a chance -- this is a recognition for it. >> reporter: they are hoping the plaque will be returned no questions asked. but if not, the city plans to

replace it with a new one, perhaps made of granite. but for however little the thieves get at the scrapyard, these men know that the old plaque was already paid for with something far more precious than money. >> it's a betrayal of the dead. it's like a tombstone. you don't take a tombstone. >> reporter: in petaluma, john ramos, cbs 5. it was patrick swayze's death sentence pancreatic cancer. now his widow is taking on a new kind of battle. she sat done with dr. kim mulvihill to talk about her quest for a cure. reporter: ♪ [ music ]♪ reporter: today, patrick swayze was a beacon of hope for patients fighting the toughest of cancers, like pancreatic cancer, which took his life in 2009. >> i know that if he had had any part of making a difference in somebody else's life in regards to this disease, that

he would consider it his highest honor. >> reporter: the late actor's wife lisa was on hand at stanford medical center with doctors, scientists and lawmakers to celebrate a new federal law. the law requires the national cancer institute to come up with a better strategy for diagnosing and treating difficult cancers. >> this was bipartisan. and in a congress that accomplished so little and really turned off people across the country, i think gives hope. >> he fought so long... >> reporter: as lisa will tell anyone, the diagnosis of a terminal cancer with few options is devastating. >> when he first found out, found the news, after all the doctors and nurses had left the room, he turned to me and said, i'm a dead man. but, of course, he's not someone to take something lying down. >> reporter: they came to stanford for his first treatment. >> it was because of the clinical trial here that he did very well for the first eight months. so well that he went and shot a tv series. >> reporter: the hope that this new law will lead to new tools,

new discoveries, to help patients. >> i suspect that discoveries in the laboratory that will have an impact on pancreatic cancer might still take a number of years to actually get to patients. but that process has to be accelerated. >> reporter: and as lisa says, today would make her husband very proud. >> i just know he's -- i know he's smiling. >> reporter: now, three different congresses have been working on this for five years. it was finally signed into law last week as part of the national defense authorization act. >> talk about a legacy. >> yeah. a lot of good. >> good effort. thanks. new research shows more potential health dangers with the chemical bpa used in food packaging. a study from the nyu school of medicine shows a possible link between bpa exposure in children and higher risk of heart and kidney problems later in life. the fda banned the use of bpa in baby bottles last year.

but companies still use it in aluminum cans. coming up, gift cards gone bad. the unpredictable things that can make your gift card void and what if anything you can do about it.

consumerwatch reporter julie watts explains, in many case not in my house but billions of dollars of gift cards go to waste after the holiday. cbs 5 consumerwatch reporter julie watts explains in many cases, you need to use it before you lose it. reporter: >> this piece i got in the early 1990s and i hope my daughter gets to wear this someday. >> reporter: her love for betsy johnson spans generations. >> this was my mom's. >> reporter: so when her husband gave her a betsy johnson gift card a couple of years ago, she was thrilled. >> it was a great gift. i was really excited but i wanted to wait a little while. >> reporter: she says she had a few pounds of baby weight she wanted to lose first but before she knew it, betsy filed

bankruptcy and store employees told her the gift card was no good. >> gift cards don't expire but sometimes stores do. if you get a card use it sooner rather than later. >> reporter: the state division of consumer affairs says while california has some of the best consumer gift card protections, bankruptcy is not one of them. >> if it's a liquidation kind of bankruptcy you are just another unsecured creditor so chances are you won't be able to use the gift card. >> reporter: but bankruptcy never occurred to the woman considering her favorite designer's long running success whose signature isn't worth the shoe it's written on in her eyes anymore now that betsy is back in business making money online while she is stuck with a gift card that's no good. looks like betsey maeve lost her biggest fan. >> unless something happens where she redeems herself, i cannot see myself purchasing anything from her from now on. >> reporter: in turns out,

betsey doesn't want to disappoint her fans. we reached out to the company and shared the story and the company decided to honor all betsy johnson gift certificates online. call customer service and if you have a consumer complaint, call us 1-888-5-helps-u. or head to cbssf.com/consumerwatch. california's bracing for what could be the worst flu season in a decade. 41 states are reporting outbreaks. so bad in some cities, hospitals are turning patients away. others are set up triage units outside the building. medications are in short supply. cbs 5 reporter ann notarangelo tells us this is just the beginning. reporter: five-year-old isaac got his flu shot none too soon considering flu season has hit california. >> there's no question that our emergency rooms are filling up, that our hospitals are filling up. we're seeing more and more diagnoses in the hospital for pneumonia, influenza.

>> reporter: the flu season had its earlier start in decades beginning in the southeast spreading across the country in a deliberate fashion. 18 children have died so far this season. last year, there were a total of 34 pediatric deaths. but in the 2009-2010 pandemic, there were more than 200 deaths. it's not clear how badly we'll get hit this year. >> the primary strain is this h3m2 influenza strain which tends to be a more serious strain. >> reporter: it's also similar to the bug that hit us in 2003- 2004 but contra costa county health officials say the current flu vaccine seems to be right on target. >> early signs so far show it is a good match. what's in the vaccine is what's seen in the community. >> reporter: in fact, statewide so far, this seems to be a typical start to flu season. >> certainly california, contra costa county is not an island. so we anticipate we'll see more flu disease in the next few weeks or months. >> reporter: the flu season usually lasts from november to the end of march and typically peaks in february. it's not too late to get

vaccinated. while there isn't a demand for flu clinics like in the fall, there are private and public immunization clinics which still carry the vaccine. the flu is already striking those who didn't plan ahead. kaiser's call center is busier than usual. >> we all of a sudden increase staffing levels and the hospital and the clinic and those kind of things. >> reporter: are you at that point yet? >> yes. >> reporter: but with the flu shot now behind him, isaac is as prepared as he can be to face down the flu bug. in walnut creek, ann notarangelo, cbs 5.

to give a break cancer survivor a lifetime-- that's definitely a fair trade. it was such a beautiful experience. (jessica lee) ♪ and it's beautiful ♪ (woman) why walk 60 miles in the boldest breast cancer event in history? because your efforts help komen serve millions of women and men facing breast cancer every year. visit the3day.org to register or to request more information and receive a free 3-day bracelet today. it was 3 days of pure joy. ♪ and it's beautiful ♪

a fresh makeover. bu coming up in the 6:00 news tonight, say good-bye to fried and frozen. san francisco's school lunches get a fresh makeover. but can the new flavors stand up to students' fickle tastebuds? >> depends on the catch-up quantity i suppose. >> that and more tonight at 6:00. and roberta you have a final look at these chilly temperatures. >> we want to look at the seven- day forecast because once you do, you're going to notice you don't see any temperatures even near 60 degrees. right? >> wow. >> but more notably will be tomorrow night and friday overnight to saturday morning. we'll have temperatures well below freezing. so it's time to start thinking about your pets, your pipes, and your plants. >> ist looking at that 48 on friday. thinking inland. >> that's as good as it gets. >> thank you. captions by: caption colorado comments@captioncolorado.com

y: tonight emergency. one of america's biggest cities declares a public health crisis as the flu outbreak spreads. dr. jon lapook on where it's worst. the white house says the president will act on gun control with or without congress. at least two states are looking at banning some weapons. reports from major garrett and michelle miller. lance armstrong's teammates say he threatened them when they told the truth about doping. about doping. >> the biggest thing he said is "we're going to make your life a living "f"ing hell. >> pelley: and bob orr on a new na thousands of hours of interviews with true sports heroes, including mickey mantle's memory of his father's tough talk. >> he said, "i thought i raised a man, you're nothing but a coward." captioning sponsored by cbs this is the "cbs evening news" with scott pelley.